Citation Nr: 1723826
Decision Date: 06/23/17 Archive Date: 06/29/17
DOCKET NO. 14-00 296 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Nashville, Tennessee
THE ISSUE
Entitlement to service connection for the cause of the Veteran's death.
REPRESENTATION
Appellant represented by: Robin M. Webb, Attorney
ATTORNEY FOR THE BOARD
J. Negron, Associate Counsel
INTRODUCTION
The Veteran served on active duty from August 1950 to July 1973, including service in Vietnam from December 1969 to December 1970. The Veteran died in October 2011. The Appellant is his surviving spouse.
This matter comes before the Board of Veterans' Appeal (Board) on appeal from a May 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin. Jurisdiction was subsequently transferred to the RO in Nashville, Tennessee.
The claim was brought before the Board in October 2015 and was remanded for further development.
This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2016). 38 U.S.C.A. § 7107(a)(2) (West 2014).
The appeal is REMANDED to the AOJ. VA will notify the appellant if further action is required.
REMAND
Although the Board regrets further delay, another remand is necessary to afford the Appellant every possible consideration.
In October 2016, the Appellant requested a Board video conference hearing in connection with her appeal on the issue of entitlement to service connection for the cause of the Veteran's death. As that requested hearing has not yet been conducted, this matter is being remanded for the RO to schedule such a hearing. 38 U.S.C.A. § 7107; 38 C.F.R. §§ 19.75, 19.76, 20.703, 20.700, 20.704 (2016).
Accordingly, the case is REMANDED for the following action:
(This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). Expedited handling is requested.)
Schedule the Veteran for a Board video conference hearing in connection with her appeal to be held at the RO in Nashville, Tennessee.
The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West 2014).
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Jennifer Hwa
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2014), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2016).